Karnataka HC relief to retd scientist & apartment owners’ association chief in atrocities case

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Bengaluru, March 31, 2024: There is no restriction on giving anticipatory bail in suitable cases even when cognisance is taken or a charge sheet is filed, the High Court has said.

Justice Mohammed Nawaz ruled this while allowing the petition filed by a retired scientist and president of Kailash BDA Apartment Owners Welfare Association and another resident of the apartment.

Based on a complaint against them under IPC sections 504, 506, 153(A), 109, 500, 501 and 120B r/w Section 34 and Section 3(i)(x) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities), police had filed a ’B’ report.

The complainant had filed a protest petition against ’B’ report. The special court had taken cognisance and rejected anticipatory bail petitions filed by the two petitioners.

Justice Nawaz noted that the specific allegations made against the accused were not sufficient to show a prima facie case for offences alleged, particularly under Atrocities Act.